ARIZONA REVISED STATUTES TITLE 32 – PROFESSIONS & OCCUPATIONS CHAPTER 5 – COSMETOLOGY ARTICLE 1 32-501. Definitions In this chapter, unless the context otherwise requires: 1. "Aesthetician" means a person who is licensed to practice skin care pursuant to this chapter. 2. "Aesthetics" means any one or a combination of the following practices if they are performed for cosmetic purposes: (a) Massaging, cleansing, stimulating, manipulating, exercising, beautifying or applying oils, creams, antiseptics, clays, lotions or other preparations, either by hand or by mechanical or electrical appliances. (b) Arching eyebrows or tinting eyebrows and eyelashes. (c) Removing superfluous hair by means other than electrolysis or threading. 3. "Board" means the board of cosmetology. 4. "Cosmetic purposes" means for the purpose of beautifying, preserving or conferring comeliness, excluding therapeutic massage and manipulations. 5. "Cosmetologist" means a person who is licensed to practice cosmetology pursuant to this chapter. 6. "Cosmetology" means any one or a combination of the following practices if they are performed for cosmetic purposes: (a) Cutting, clipping or trimming hair. (b) Massaging, cleansing, stimulating, manipulating, exercising, beautifying or applying oils, creams, antiseptics, clays, lotions or other preparations, either by hand or by mechanical or electrical appliances. (c) Styling, arranging, dressing, curling, waving, permanent waving, straightening, cleansing, singeing, bleaching, dyeing, tinting, coloring or similarly treating hair. (d) Arching eyebrows or tinting eyebrows and eyelashes. (e) Removing superfluous hair by means other than electrolysis or threading. (f) Nail technology. 7. "Electrical appliances" means devices that use electrical current and includes lasers and IPL devices as defined in section 32-516. 8. "Instructor" means a person who is licensed to teach cosmetology, aesthetics or nail technology, or any combination thereof, pursuant to this chapter. 9. "Nail technician" means a person who is licensed to practice nail technology pursuant to this chapter. 10. "Nail technology" means: (a) Cutting, trimming, polishing, coloring, tinting, cleansing or otherwise treating a person's nails. (b) Applying artificial nails. (c) Massaging and cleaning a person's hands, arms, legs and feet. 11. "Salon" means any of the following: 1 Shared/Laws & Rules/Arizona Revised Statutes – 7/2014 (a) An establishment that is operated for the purpose of engaging in the practice of cosmetology, aesthetics or nail technology, or any combination of the listed practices. (b) An establishment together with a retrofitted motor vehicle for exclusive use as a mobile facility for the purpose of engaging in the practice of cosmetology, aesthetics or nail technology, or any combination of the listed practices, that is operated and dispatched through the establishment. (c) A retrofitted motor vehicle exclusively used as a mobile facility for the purpose of engaging in the practice of cosmetology, aesthetics or nail technology, or any combination of the listed practices that is operated and dispatched from a business that has a physical street address that is on file with the board. 12. "School" means an establishment that is operated for the purpose of teaching cosmetology, aesthetics or nail technology, or any combination of the listed practices. 13. "Threading" means a service that results in the removal of hair from its follicle from around the eyebrows and from other parts of the face with the use of a single strand of cotton thread and an over-the-counter astringent, if the service does not use chemicals of any kind, wax or any implements, instruments or tools to remove hair. 32-502. Board of cosmetology; appointment; qualifications; terms A. A board of cosmetology is established consisting of the following seven members who are appointed by the governor: 1. Two cosmetologists who have been actively practicing in this state for at least three years immediately preceding appointment. 2. One nail technician who has been actively practicing in this state for at least three years immediately preceding appointment. 3. One instructor who has been actively practicing in this state for at least three years immediately preceding appointment. 4. One school owner. 5. One educator who does not represent the cosmetology or nail technology industry and is not involved in the manufacture of cosmetology or nail technology products. 6. One public member who is not and has never been associated with the cosmetology or nail technology industry, licensed as a cosmetologist or nail technician or involved in the manufacture of cosmetology or nail technology products. B. The term of office for members is three years beginning and ending June 22. C. The governor may remove board members for neglect of duty, malfeasance or misfeasance. 32-503. Organization; meetings; personnel; compensation A. The board shall annually elect a chairman, vice-chairman and secretary-treasurer from among its membership. B. The board shall hold at least one regular meeting monthly and may hold other meetings at times and places it designates. 2 Shared/Laws & Rules/Arizona Revised Statutes – 7/2014 C. Subject to title 41, chapter 4, article 4, the board may employ the following personnel as it deems necessary to carry out the purposes of this chapter and designate their duties: 1. An executive director who shall have been a licensed cosmetologist for at least one of the five years immediately preceding employment. 2. A supervisor of examinations who is an instructor licensed pursuant to this chapter and has worked at least two of the five years immediately preceding employment as an instructor in a school licensed pursuant to this chapter. 3. Examiners who shall not be employed as instructors in any school licensed pursuant to this chapter. 4. Persons to provide investigative, professional and clerical assistance as the board deems necessary and may hire consultants to assist the board in the performance of its duties. 5. Other personnel. D. Members of the board are eligible to receive compensation as determined pursuant to section 38-611 for each day of actual service in the business of the board. The board shall compensate its executive director and other personnel as determined pursuant to section 38-611. 32-504. Powers and duties A. The board shall: 1. Adopt rules that are necessary and proper for the administration of this chapter, including sanitary and safety requirements for salons and schools and sanitary and safety standards for the practice of cosmetology, aesthetics and nail technology. 2. Administer and enforce this chapter and rules adopted pursuant to this chapter. 3. Either prepare, administer and grade practical and written examinations or contract with a national professional organization for cosmetology selected by the board to prepare, administer and grade practical and written examinations. 4. Make and maintain a record of its acts and proceedings, including the issuance, denial, renewal, suspension or revocation of licenses and public reproofs of licensees. 5. Evidence its official acts by the signature of the chairman or vice-chairman of the board or a representative designated by the board. 6. Keep records of the board open to public inspection at all reasonable times. 7. Make an annual report to the governor on or before October 1 of each year covering its official acts and financial transactions during the preceding fiscal year and making recommendations it deems necessary. 8. Prescribe minimum school curriculum requirements for cosmetologists, aestheticians, nail technicians and instructors. 9. Prescribe standards and requirements for the provision of salon services through mobile units and in customer locations. B. The board may: 1. Inspect the premises of any salon or school during business hours. 3 Shared/Laws & Rules/Arizona Revised Statutes – 7/2014 2. Delegate authority to its executive director to issue licenses to applicants who meet the requirements of this chapter. 32-505. Board of cosmetology fund A. The board of cosmetology fund is established. Except as provided in subsection C of this section, before the end of each calendar month, pursuant to sections 35-146 and 35-147, the board shall deposit ten per cent of all monies from whatever source which come into the possession of the board in the state general fund and deposit the remaining ninety per cent in the board of cosmetology fund. B. Except as provided in section 32-573, subsection G, monies deposited in the board of cosmetology fund are subject to section 35- 143.01. C. Monies from civil penalties received pursuant to section 32-571 shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund. 32-506. Nonapplicability of chapter This chapter does not apply to the following persons while in the proper discharge of their professional duties: 1. Practices done for the treatment of physical or mental ailments or disease by medical practitioners licensed pursuant to this title. 2. Commissioned physicians and surgeons serving in the armed forces of the United States or other federal agencies. 3. Persons licensed pursuant to chapter 3 or 12 of this title. 4. Students attending schools licensed pursuant to this chapter while they are on school premises during school hours. 5. Persons employed by theatrical groups who apply makeup, oils and cosmetics. 6. Persons who sell makeup, oils and cosmetics and who apply such products during the process of selling such products.